The Kerala High Court has definitively ruled that Aadhaar details are not mandatory for registration on the Digi Yatra platform, marking a significant victory for passenger privacy rights. A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M made this prima facie view during the consideration of the Public Interest Litigation (PIL) case, CR Neelakandan v. Union of India & Ors., stating that "Aadhaar details may not be necessary while registering on Digi Yatra if the petitioner has any other identity proof to establish his identity." This ruling references the Supreme Court's ruling in KS Puttaswamy v Union of India, which upholds the right to privacy and limits Aadhaar's mandatory use, fundamentally changing the legal framework governing airport biometric systems. The court noted that "while the Digi Yatra platform's use is ostensibly voluntary, it might be inappropriate to mandate Aadhaar details for registration," highlighting the tension between voluntary participation and mandatory data collection requirements.
Additional Solicitor General ARL Sundaresan, representing the Union government and the Airports Authority of India (AAI), affirmed that registration on Digi Yatra is not compulsory. The ASGI had previously submitted that Digi Yatra is a voluntary facility and that passengers are not compelled to use the platform. However, the court has now urged further clarification on whether alternative identity proofs can suffice for registration, indicating that while the platform remains voluntary, the court wants to ensure passengers have genuine choices in identity verification methods. The court's latest observations emphasize that "If I go and buy a ticket from the counter, I don't need Aadhaar...That cannot be a reason. If I am not required to disclose my Aadhaar for buying an ordinary ticket or buying an air ticket, just because it is only a technology...The same kind of identity is required to disclose the...Why Aadhaar card is compulsory?" the Court asked, according to Live Law.
The court's reasoning centers on the fundamental principle that "If I go and buy a ticket from the counter, I don't need Aadhaar...That cannot be a reason. If I am not required to disclose my Aadhaar for buying an ordinary ticket or buying an air ticket, just because it is only a technology...The same kind of identity is required to disclose the...Why Aadhaar card is compulsory?" the Court asked, according to Live Law. The court's latest observations emphasize that "while the Digi Yatra platform's use is ostensibly voluntary, it might be inappropriate to mandate Aadhaar details for registration," highlighting the tension between voluntary participation and mandatory data collection requirements. The court's prima facie view that "Aadhaar details may not be necessary while registering on Digi Yatra if the petitioner has any other identity proof to establish his identity" represents a significant shift in how biometric systems can operate while maintaining privacy protections.
The PIL was filed by advocate and social activist C.R. Neelakandan, who raised concerns over the collection, storage, processing and sharing of passengers' personal and biometric data through Digi Yatra. The petition argues that the platform's operations might not comply with the Digital Personal Data Protection Act, 2023, due to a lack of robust data protection frameworks. The petitioner contends that the current data collection practices lack transparency and oversight, potentially compromising personal data security, and seeks directives for the Central government and airport authorities to establish comprehensive guidelines ensuring data protection in alignment with existing legal standards. The PIL has also sought interim directions restraining airport operators and associated entities from sharing or commercially exploiting passengers' personal data without proper authorisation. The petitioner, C R Neelakandan, has specifically sought interim directions to the Union Ministry of Civil Aviation, the Airports Authority of India (AAI), and the Ministry of Electronics and Information Technology to ensure that handling of passenger data complies strictly with the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025.
The Kerala High Court has postponed the matter for two weeks to enable the Digi Yatra Foundation to clarify its stand on the Aadhaar requirement and related issues. The court has adjourned the matter on the instance of Digi Yatra to appraise this Court, whether any other identity proof would be sufficient enough for access to the said portal by a person, as reported by Live Law. The court's ruling represents a significant development for 'Digi Yatra', a biometric-based system that facilitates contactless airport entry and passenger processing using facial recognition technology. Managed by the Digi Yatra Foundation, a non-profit entity, this initiative aims to streamline airport operations but has raised privacy concerns due to extensive data collection. The prima facie view that Aadhaar details may not be necessary for registration, combined with the court's urging for clarification on alternative identity verification methods, sets a precedent for balancing technological convenience with privacy protection in India's digital infrastructure.
